WEBVTT THE DOG'S OWNER, WAS MORE THAN JUST CRUEL.HE SHOT HER DOG IN THE HEAD THREE TIMES.>> I HAD NO CHOICE BUT TO MOVE.IT WAS EITHER US MOVE OR US GET INTO A BIGGER SITUATION.>> REPORTER: AND SO, THE HOUSE ON ACCASIA DRIVE SITS EMPTY. CASSANDRA DUNNAWAY SAYS IN THREEMONTHS THE MAN LIVING NEXT DOO38-YEAR-OLD CHARLES BENEKE, CALLED ANIMAL CONTROL 19 TIMES, COMPLAINING, AMONG OTHER THINGS,HER DOGS WEREN'T BEING CARED FOR. BUT ACCORDING TO DUNNAWAY, ANIMAL CONTROL NEVER FOUND ANY VIOLATIONS, DIDN'T TAKE ACTION. THINGS REACHED A BOILING POINT NOVEMBER 2ND WHEN ANOTHER NEIGHBOR CALLED DUNNAWAY'SHUSBAND. >> I JUST HEARD THREE SHOTS, ANDI HEARD THE DOG BARKING, AND I DON'T HEAR IT ANYMORE.>> REPORTER: THE COUPLE RUSHED HOME, FINDING COCO, THEIR ONE-YEAR-OLD BLUE PIT, LYING AGAINST THE FENCE, SHOT THREE TIMES IN THE HEAD.>> I REPLAY THAT OVER IN MY HEADOVER AND OVER AGAIN, OF HER JUSTLAYING THERE LIKE MOM, HELP ME, AND THERE'S NOTHING I CAN DO.>> REPORTER: THE DOG LATER DIED DAT THE VET, AND CHARLES BENEKE WAS ARRESTED FRIDAY AND CHARGED WITH ANIMAL CRUELTY. BENEKE, ACCORDING TO COURT DOCUMENTS, ADMITTED TO SHOOTING THE DOG SAYING COCO HAD CHARGED AT HIM.BUT ACCORDING TO INVESTIGATORS VIDEO TAKEN BY BENEKE'S WIFE SHOWS THE DOG WAS NOT NEAR BENEKE AND APPEARED TO BE LOOKING AT THE BALL HE HAD KICKED TO 'ENTICE THE DOG TO JUMP THE FENCE.'NOW DUNNAWAY IS PURSUING A LAWSUIT AND CONTACTING THE ASPCA.>> I DON'T WANT HIM TO THINK HE CAN DO IT AND IT'S OKAY.>> Reporter: BACK HERE LIVE TONIGHT, RICK, IT'S IMPORTANT TONOTE THAT ACCORDING TO LMPD,THERE'S BEEN AN ONGOING DISPUTE

A family's pet dog is shot and killed and police say the man living next door is responsible. On Friday, Louisville Metro Police Department officers arrested Charles Beneke, 38. He was charged with animal cruelty and booked at Metro Corrections.

The arrest comes weeks after the death of Cassandra Dunnaway's blue pit bull, Coco. Coco, who was about 1 year old, had been shot several times Nov. 2nd. Dunnaway said she and her husband had not been home at the time, but had gotten a call from a concerned neighbor.

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"He said, 'Well, I just heard three shots and I heard your dog barking and I don't hear it barking anymore.' My husband was just a few blocks away and rushed home," she remembered.

The couple found their dog lying against the fence. Dunnaway said the dog had been shot three times in the head, "I replay that over and over in my head, of her just laying there. Looking at me, like, 'Mom, help me,' and there's nothing I can do."

According to court documents, Beneke admitted to shooting the dog, saying Coco had charged at him. But according to investigators, video taken by Beneke's wife shows the dog had not been near him and appeared to be looking at a ball Beneke had kicked to 'entice the dog to jump the fence.'

The dog was later euthanized at the vet's office and the couple quickly moved out of their Accasia Drive home.

"I had no choice but to move. It was either us move or us getting into a bigger situation," she said.

In fact, during a three-month period, she said Beneke called Animal Control 19 times, complaining among other things, that her two dogs were not being cared for. But according to Dunnaway, Animal Control never found any violations, and did not take action. She believes Beneke's actions Nov. 2 were not necessarily about the dog, but were personal.

While Beneke did spend one night behind bars, Dunnaway said that is not enough punishment for the crime. She plans to contact the American Society for the Prevention of Cruelty to Animals and pursue legal action against Beneke.

"I don't want him to think he can do it and it's OK," she said.

Meanwhile, the wife of Charles Beneke, tells WLKY there are two sides to every story and said Monday her husband had hired his own lawyer.